Patna High Court
Randheer KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs.15,000 with two sureties and compliance with specified conditions.
Summary
The petitioner, Randheer Kumar, was arrested in connection with a dacoity case (Section 395 IPC) involving armed robbery on 28 April 2024. He claimed he was falsely implicated, noting that his name does not appear in the FIR and only surfaced through a co‑accused’s confession, with no material recovered from him. The petitioner has eight prior criminal antecedents and has been in custody since 28 January 2025. The State opposed bail, emphasizing the seriousness of the offence and the petitioner’s criminal record. Considering the lack of direct evidence, the petitioner’s claim of false implication, the period of custody, and parity with a co‑accused who had already been bailed, the Court granted bail subject to monetary sureties and strict conditions.
Issues considered
- Whether bail should be granted to the accused in a dacoity case under Section 395 IPC despite his criminal antecedents
- Whether the petitioner’s alleged false implication and lack of direct evidence justify bail
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- Section 395 IPC
- dacoity
- false implication
- criminal antecedents
- Criminal Procedure Code
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12209 of 2026
Arising Out of PS. Case No.-54 Year-2024 Thana- SAHIYARA District- Sitamarhi
======================================================
Randheer Kumar S/O Ram Sakal Rai R/O village- Rikhauli, ward no. -15,
P.S. - Dumra, Dist. - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Virendra Kumar, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sahiyara P.S. Case No. 54 of 2024 instituted for the offence
under Section 395 of the Indian Penal Code.
3. The prosecution case is that on 28.04.2024
midnight, 7–10 armed miscreants forcibly entered the houses of
Vishwanath Singh and Ranjan Kumar, threatened their families
at gunpoint, assaulted them, and looted cash, jewellery, and
valuables. After locking the victims inside, the accused fled with
the looted articles.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 28.01.2025. Petitioner
bears eight criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.12209 of 2026(2) dt.23-02-2026
2/3
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has surfaced in this case on the basis of confessional statement
of the co-accused. Nothing has been recovered from the
conscious possession of the petitioner. Other co-accused has
been granted bail by this Bench vide order dated 16.01.2026
passed in Cr. Misc. No. 89459 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of Rs.
15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Sahiyara P.S. Case No. 54 of 2024, subject to
the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
Patna High Court CR. MISC. No.12209 of 2026(2) dt.23-02-2026
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(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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